Legal Question in Real Estate Law in California
A woman gave me a dog to babysit for two months. She said she would pay me $40/mo, which she has. She did not tell me the dog had a bad yeast infection in her ears, which is difficult to cure. I have spent over $400 at the vets, and it is still not cured. She is not allowed to keep a dog at her apartments, and her daughter will no longer keep the dog for her so she has no place to put the dog.
She has no money to reimburse me for the vet expenses. I love the dog, but she is a standard poodle, and I already have two small dogs. The three do not get along. I also cannot afford to keep feeding her. I want to place her with Chris at Bay Area Poodle Rescue, and she is happy to take her. However, she said she needs a letter from the owner transferring the dog to me. The owner does not want to give one to me.
At this point, who actually owns the dog?
Diana Reabold
650-815-5477
1 Answer from Attorneys
Your situation raises difficult questions about the law of bailments (in California, now called "deposits" for some mysterious reason known only to our Legislature) relating to animals. This is a very specialized area of the law, and I only have marginal knowledge that there are special provisions - paragraphs of them - because they have been engrafted upon the otherwise fairly clear and straightforward Civil Code provisions regarding bailm... excuse me, deposits. These provisions are clearly designed to protect animal rights, not the rights of the dumper or the dumpee of the animal. As I said, I have not studied the deposit-of-animals provisions. I do believe, however, that ownership of the dog will NOT change merely because you have been paying costs of care in excess of the agreed periodic fee. More likely, you have a small-claims type cause of action against the owner. The folks who run animal shelters full time probably have a working knowledge of this area of the law and may be able to advise you, or at least direct you to an attorney with the requisite experience.